Shared Flashcard Set

Details

American Judicial
Crimes Against the Person
12
Criminal Justice
Undergraduate 2
12/13/2012

Additional Criminal Justice Flashcards

 


 

Cards

Term
homicide
Definition

the killing of another human being by the act, omission or procurement of another

 

 

Term

types of homicide (2)

 

Definition

criminal homicide - death caused on purpose, knowingly, recklessly or negligently

 

non-criminal 

justifiable: death is permitted by law (deadly force by police)

excusable: excused from liability because of the circumstances (self defense)

Term
murder
Definition

killing of a human being with:

 

-malice aforethought (mens rea-wrongful action taken under evil state of mind)

 

or by:

-atrocity/extreme cruelty

-causing death in commission of a crime 

Term

manslaughter

 

2 types

Definition

all killings committed without malice aforethought

(usually some provocation)

 

involuntary manslaughter: unintended killing resulting from reckless or negligent behavior (defendant does not consider consequences of actions)

 

voluntary manslaughter: you meant to hurt them, maybe not to kill them

 

 

 

 

Term
assault & battery
Definition

assault: putting one in fear of immenent bodily harm (mens rea)

battery: the offensive touching that results in harm

(defined seperately, charged together as assault)

 

 

Term
indecent assault
Definition

involves victimes 14 yrs and younger

 

they are considered incapable of giving consent

Term
mayhem
Definition

committing an act with malicious intent to maim or disfigure

 

or:

-is present and aids in commission

-is privy to it (aware of) 

 

mayhem doesn't require mens rea (assault), just battery

 

Term
sex offenses
Definition

degrees of this crime vary by:

 

-amount of force used

-weakness of victim

-age of defendant or victim

-does not require intercourse

-is defendant in position of authority over victim

 

must be non-consensual

Term
kidnapping
Definition

intentionally restricting a person's movement or moving them from one place to another by force

 

kidnapping can be considered false imprisonment

 

mens rea: intent to restrict liberty

actus reus: restriction of liberty and movement

Term
false imprisonment
Definition

intentionally restricting a person's movement

 

mens rea: intent to restrict liberty

actus reus: restriction of liberty

 

 

Term

robbery 

(also considered property crime)

 

Definition

taking or attempting to take something of value from person with force of threat, violence, intimidation

 

could be armed robbery (with dangerous weapon)

 

attendant circumstances: mask, sbi

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